Gemania, Italia, Europa: le risposte alla crisiLe strategie delle istituzioni, della politica e dei sindacati a

confronto

Europeizzazione o rinazionalizzazione delle relazioni industriali? Il ruolo degli accordi transnazionali

Volker Telljohann IRES Emilia-Romagna

Bologna, 21/22 ottobre 2010

Structure of presentation

Definition of TFA Spread and geographical

distribution Drivers Content of agreements Role of EWCs and EIFs TFAs during the crisis Conclusions

General context

The recent activity of negotiation at the EU company-level (Transnational Framework Agreements or TFAs) is seen to:

Constitute a new instrument of industrial relations; Contribute to the internationalization of industrial

relations; Provide a framework for enhancing and protecting

the workers’ interests in situation of crisis Transnational approach and timeliness decisive

aspects to guarantee effectiveness No legal framework

Transnational Framework Agreements (TFAs) – a European-centred phenomenon

International Framework Agreements (IFAs)- to be signed by GUFs- global scope- core labour standards (ILO declaration 1998)

About 90% of IFAs have been signed with companies with headquarters in continental Europe (coordinated market economies) (total by mid 2008: 66)

TFAs also developed at the European level especially since 2000. May be signed by EWCs, European industry federations, national unions. We call them European framework agreements (EFAs) (total by mid 2008: 75 according to EC database).

Joint texts as well as substantial framework agreements

Number of IFAs and EFAs signed per year

0

2

4

6

8

10

12

14

IFA

EFA

Geographical distribution of TFAs

0 5 10 15 20 25

Austria

UK

USA

Canada

Australia

New Zealand

Russia

Czech Republic

Portugal

Greece

Belgium

Denmark

South Africa

Luxembourg

Italy

Norway

Spain

Sweden

Netherlands

France

Germany

EFA

IFA

Prerequisites

Two conditions not necessarily mutually exclusive

‘Employee-based action’: cross-border coordination activity amongst the different union representatives supported and facilitated by a solid articulation between the European and the national union level

‘Management-based hierarchy’: central management dissemination of company’s employment policy and practices

Motives - Management side

Internationalisation/Europeanisation of HR policies

Part of CSR strategy Establishment of a continuous

dialogue at transnational level Management models (e.g. France) Response to European-level action

Motives – EWC/trade union side

Response to globalisation Socially responsible restructuring Development of IR at transnational

level To establish European-wide

company-level networks EWCs: development of a genuine

role and European identity

Content of EFAs

0 5 10 15 20 25

CSR

Training

Equal opportunities

Sub-contracting

Financial participation

Fundamental rights

Other

Data protection

HRM + Social Management

H&S

Social dialogue

Restructuring

Signatories

54 out of 75 of EFAs signed by EWCs 42 EFAs were signed by EWCs alone 11 were co-signed in cooperation with European

industry federations, among which 3 were also co-signed by national unions. EWCs are often involved either in the negotiation and/or the monitoring process. Five agreements have been signed by European industry federations only (Total in 2004, 2005 and 2007, Areva 2006 and Schneider 2007).

This recent development reflects an evolution of the strategy of these organisations towards EFAs. The EMF, for example, followed by the ETUC as well as several other EIFs, demands that the signature of EFAs be reserved to union organisations.

TFAs and the role of EWCs

Prominent role taken by EWCs has been raised as a concern

- No negotiating mandates - Representation limited to EU-countries - Representativity of EWC members - Composition can include non-union members One tier vs. two tier system of interest

representation (negotiating role) EMF – EFAs have to be signed by EIF

EMF coordination strategy

EMF policy approach towards socially responsible company restructuring (2005)

Internal EMF procedures for negotiations at multinational company level (2006)

EWCs – important role of support

Transnational company-level bargaining: TUs strategies in the metal sector at EU-level I

EMF (2007) “Internal EMF Procedure for Negotiations at Multinational Company Level”

Procedures for transnational company-level bargaining in EU:

Preliminary information and consultation procedure should involve the national trade unions, the EMF and the EWC;

Mandate to negotiate at the European level should be decided on a case-by-case basis and given unanimously by the national trade unions;

Information about the negotiation process and the signed agreement should be given by the EMF Secretariat to the Executive Committee and the relevant Policy Committees;

Approval of the agreement should be given by the national trade unions;

Signature on the agreement should be given by EMF but implementation of the signed agreement should be specified by the national trade unions or their representatives in cooperation with the EWC. (Implementation through national collective agreements.)

The EMF ten principles on transnational restructuring

Early warning system Information and consultation rights European TU coordination group Transparency of information Platform of common demands Negotiation of an EFA Communication strategy Cross-border activities Legal possibilities Binding commitment

TFAs and joint texts

GME (2000-2010) ArcelorMittal (2002-2009) Areva (2006) Schneider Electric (2007) Alstom/Schneider (2010) Thales (2009, 2010) Total (2004-2007) Daimler (2006,2007) EADS (2006,2008) ABB (2009) Ford (2000-2008) Crown (2009) Volkswagen (AQI) (2009)

Volkswagen – “Charta on employment relations” (2009)

signatories: Management, EWC, WWC, IMF Regards all enterprises and production

sites belonging to the group Information, consultation and

codetermination rights Training for workers’ representatives External experts Implementation through company-level

participation agreements

Volkswagen – “Charta on employment relations” (II)

Consultazione (diritto di iniziativa) Pianificazione del personale Controlling dei processi Processi di ristrutturazione

(delocalizzazione, esternalizzazione) Tutela ambientale a livello aziendale Efficienza energetica e delle risorse Strategie di RSI rivolte verso l’esterno (cdl

fornitori; progetti locali di pubblica utilità)

Volkswagen – “Charta on employment relations” (III)

Codetermination (consensus, control, initiatives)

Personnel development, recruitment Work organisation, production methods Working time Remuneration systems Data protection Training and further education Health and safety

ArcelorMittal

ArcelorMittal-EMF agreement (2009): to protect employment during the on-going crisis;

No permanent plant closures; No compulsory dismissals; Establish dialogue mechanisms for

better anticipating future changes; Improve employability of workers

through training

Alstom/Schneider

Acquisition of AREVA T&D by Schneider Electric and Alstom

Job guarantee; same job classification No AREVA T&D plant closures till al 24/03/2013 No collective dismissels till 24/03/2013 Training measures aimed at integration Adaptation of EWCs by the end of 2010 AREVA T&D EFA on equal opportunities to be

discussed in respective EWCs

Unicredit

Joint declarations Negotiation of an IFA Support in countries with weak

trade union structures

Active role of EWCs during the crisis/in the context of restructuring processes

Foreign groups Crown Areva GfK Allianz

Need for closer involvement of Italian EWC members in company-level trade union policies

Conclusions (I)

Agreements maybe the result of convergent interests or pressure from employee side

Remain so far a tool of limited dissemination (depending on management’s willingness and/TU strength due to a lack of institutional framework);

Imply the need for coordination between the various actors at different levels of IR

Conclusions (II)

TFAs constitute a new instrument of industrial relations

and contribute to the Europeanisation of industrial relations;

provide a framework for enhancing and protecting the workers’ interests in situation of crisis

number of socially responsible practices in the area of enterprise restructuring in times of crisis (innovative agreements based on solidarity at transnational level)

TFAs in addressing restructuring related issues (including mobility and anticipation of change) proved to be key during the current global crisis

significant impact in terms of protecting employment in times of crisis and industrial change

Conclusions (III)

Need for a joint strategy at European level

Mainly in contexts with cooperative IR

Others signed after protest actions To go beyond istitutionalised rights